Puran Chand vs State Of H.P. & Others
2023 Latest Caselaw 5679 HP

     IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                           CWP No. 2723 of 2023




                                                                                          .
                                                            Date of decision: 11.5.2023





    Puran Chand.                                                                           ...Petitioner.

                                                  Versus





    State of H.P. & others.                                                                ...Respondents.

    Coram





    Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
    Hon'ble Mr. Justice Sushil Kukreja, Judge.
    Whether approved for reporting?1

    For the Petitioner.                      Mr. D.N. Sharma,, Advocate.

    For the Respondents:                     Mr.Varun Chandel, Additional Advocate
                                             General for respondents No. 1 and 2.



                        Vivek Singh Thakur, Judge (Oral)

Notice. Mr.Varun Chandel, Additional Advocate General,

waives service and accepts notice on behalf of respondents No. 1 and 2.

2. Petitioner has approached this Court against his transfer order

dated 8.5.2023 (Annexure P-1) whereby he has been transferred from

Veterinary Hospital Sainj, District Kullu, H.P. to Veterinary Hospital Goshal,

District Lahaul & Spiti vice respondent No. 3.

3. Grievance of the petitioner is that despite his representation

Annexure P-2 requesting not to transfer him on health grounds, he has been

transferred from hard area to tribal area, whereas he has served for most of

period of his service in hard area. It has been further submitted that

petitioner would be satisfied in case he is permitted to file fresh

representation and the same is directed to be decided in time bound

manner.

Whether the reporters of the local papers may be allowed to see the Judgment? Yes

4. Taking into consideration entire facts and submissions made

on behalf of petitioner, petitioner is directed and permitted to submit fresh

representation to respondent No. 2-Director of Animal Husbandry on or

.

before 15th May, 2023 and in case such representation is preferred by the

petitioner, the same shall be decided by respondent No. 2 on or before

25th May, 2023, by passing a speaking and reasoned order after giving

opportunity of hearing to the petitioner, if desired so. Order so passed shall

be communicated to the petitioner and in case petitioner is still aggrieved,

he will be at liberty to avail appropriate remedy. Till decision of the

representation status quo qua implementation of order dated 8.5.2023 qua

petitioner as exists on date shall be maintained.

5. The petition is disposed of in the aforesaid terms, so also

pending miscellaneous applications, if any.

(Vivek Singh Thakur), Judge.

(Sushil Kukreja),

Judge.

11h May, 2023 (Keshav)